Town of Monson, MA - Meeting of 2012-01/24

Meeting of 2012-01/24

BOARD OF SELECTMEN

TUESDAY, JANUARY 24, 2012

The regular meeting of the Board of Selectmen convened at 7:00 p.m. in the Conference Room at 29 Thompson Street. In attendance were Dr. Richard M. Smith, John F. Goodrich II and Edward A. Maia. Also present were Town Administrator Gretchen E. Neggers and the media.

The Pledge of Allegiance was recited.

Acceptance of Meeting Minutes:

Mr. Goodrich made a motion to approve the meeting minutes for January 10, 2012 – open session. Mr. Maia seconded and it was so VOTED.

Edward Harrison, Chairman, WMCAT: Explanation of Casino Legislation as Related to Abutting Communities:

Mr. Harrison approached the Board of Selectmen and explained the handout he provided to the Board. The handout is a 63 page copy of the Massachusetts 2011 Session Law Chapter 194. This was passed and signed by Governor Duval Patrick in November 2011. Mr. Harrison noted he included a “key” sheet which highlights sections pertaining to surrounding communities.

Mr. Harrison explained a casino contains both table games and slot machines; a slot parlor doesn’t have any table games but does contain up to 1,250 slot machines. The Massachusetts Gaming Commission will determine which municipalities are surrounding communities. If we are not considered as one of the surrounding communities, we can appeal the decision. A category 1 license (a casino license) has a $500 million minimum capital investment and an opening bid licensing fee of $85 million. A category 2 license (a slot parlor) will have a $125 million minimum capital investment and an opening bid licensing fee of $25 million. Both licenses are good for fifteen years. Mr. Harrison said we could end up with both a slot parlor and a casino in the Western Mass. region, but felt most of the activity would be in the eastern part of the State.

Mr. Harrison said as part of the application, the applicant must have signed agreements with the surrounding communities. If an agreement cannot be reached, or a memorandum of understanding with an applicant, the Gaming Commission will determine what the conditions are and what the memorandum of understanding will be. Therefore the community will be relying on the Gaming Commission to operate in their best interest.

Mr. Harrison said Monson, if we are a surrounding community, would get 6.5% of the operational income as divided by potentially 40 communities plus the host community.

Mr. Harrison noted one thing Monson needs to keep an eye on is the number of affordable housing units in town.

Mr. Harrison noted the Western Mass. Casino Task Force Committee will be meeting tomorrow night at 7: 00 p.m. to see where to go from here.

Ms. Neggers said she will get feedback from Town Counsel on this.

The Board thanked Mr. Harrison for coming in and sharing this information.

Winter Parking Ban Bylaw – Discussion:

Highway Surveyor John Morrell, Police Chief Stephen Kozloski and Police Sergeant Jane Jalbert approached the Board of Selectmen.

Dr. Smith noted the winter parking ban was discussed last year at a Selectmen’s meeting, as there was an issue with parking tickets. It was decided at that time this issue would be revisited at another Selectmen’s meeting. Dr. Smith added at that time it was felt it might be unfair to have a winter parking ban in effect when there wasn’t any snow on the streets or storms in the forecast.

Ms. Neggers said the winter parking ban is a bylaw that is announced each year by the Board of Selectmen stating there will be no parking on the streets between the hours of 1 a.m. and 6 a.m. starting with the first snowfall or December 1^st, whichever occurs first, until March 31^st.

Mr. Morrell said you never know when it’s going to snow, and he is the only one who knows just when the snow will be cleared from the streets. Mr. Morrell noted this parking ban has worked very well for over fifty years. Mr. Morrell said cars impeding snow removal cost the town money because the Highway Department has to keep going back to see if the vehicles have moved or not so the snow can be cleared, and sitting snow gets packed in the catch basins. Mr. Morrell stated the five hour ban from 1 a.m. to 6 a.m. works very well for the Highway Department. Mr. Morrell said it wouldn’t be fair to the businesses in town if no parking at all was enforced as people need to stop to just run in for a coffee, doughnut, etc. Mr. Morrell added during snowstorms 99.9% of the people are off the streets and obey the parking ban.

Mr. Morrell said currently there are some issues with vehicles blocking the travel lanes on the side streets, but he feels most of the town has been trained to know there’s no parking on the streets between certain hours. Mr. Morrell said if the Board of Selectmen decides to change the parking ban, they would have to notify Channel 40 and Channel 22 to let people know when the parking ban is in effect.

Dr. Smith said Mr. Morrell would be the best person to notify the television stations as he would know when to activate the parking ban.

Mr. Morrell noted the Board of Selectmen would have to give him the authority to do so.

Mr. Maia explained up to this past week, there hasn’t been any snow and people are wondering why they can’t park on the street without being ticketed.

Mr. Goodrich suggested keeping the parking ban between the hours of 1 a.m. and 6 a.m., but making it an actable parking ban only for when it’s known bad weather is coming.

Chief Kozloski said he had Sergeant Jalbert and Office Dean Gallo do a little research for him and they found that the larger metropolitan areas do have parking bans that can be turned on and off, but found the smaller towns do as Monson has done. The Town of Hampden has an overnight parking ban until April 1, 2012. The Town of Wilbraham has the same thing, but with no parking on the street longer than one hour between the hours of 1 a.m. and 7 a.m. The Town of Palmer is very similar with no parking on the street for a period of longer than one hour between 1 a.m. and 6 a.m. from December 1^st to March 31^st.

Mr. Maia noted a lot of the downtown rental properties don’t have off street parking.

Chief Kozloski was concerned with what happens if we get away from what essentially amounts to training the individuals who live in the downtown area who now know they are not suppose to park on the streets from December 1^st through March 31^st, when faced with snow removal situations. Chief Kozloski said when he receives a call from Mr. Morrell and there’s a problem with six or eight vehicles, he has to take one of his two officers, or both if available, to assist with the situation, and wondered do they start knocking on doors not knowing which house the owner of the vehicle is in or do they call a tow truck and start towing them?

Mr. Maia said to do as most communities’ do, if there is a parking ban enacted and a car is parked on the street, tow it.

Mr. Goodrich explained he doesn’t like the concept of having a law on the books and allowing a police force or even an individual police officer to decide whether or not today they feel like enforcing that law, as it puts the Police Department in a very awkward position. If they are out on patrol and there is a vehicle parked on the street and they go around the block and come back an hour later and it’s still parked there, how do they blindly drive by?

Chief Kozlowski said that is one of the mutual concerns he and the Town Administrator discussed. They want to maintain some consistency, yet make sure it is something that is in the best interest for the community.

Mr. Goodrich said the intention is to make the policy better for everyone and not worse for anyone. The parking ban should be effective for the Highway Department to do their jobs efficiently, as well as being effective for the Police Department. Mr. Goodrich felt the Police have better things to do than issue parking tickets on nice weather nights and felt the residents were owed the courtesy of having consistency by having the parking ban documented so they will know right from wrong and having it up front.

Mr. Maia noted that typically when a snowstorm is in the forecast, a winter parking ban is announced, and you deal with parking bans as they come up.

The Board of Selectmen agreed having the parking ban in effect from 10 p.m. to 6 a.m. on an as needed basis vs. a continuous basis through the winter, would probably work.

Sergeant Jalbert said she felt there would still be concerns as some people might not be watching television to see the announcements, and the Police Station would have to be notified so the second and third shifts would be aware of the parking ban being enacted and felt there would be problems with removing vehicles in a timely fashion as the Police Department can’t leave a tow and there are other steps they must go through if it is a Police initiated tow.

Sergeant Jalbert said the town uses only one tow company which also services several other towns, and felt people should know the ramifications of changing the parking ban, as right now it is very black and white with very few gray areas, if any, for interpretation.

Sergeant Jalbert noted this year fifty-three warnings were issued and only four choose not to heed the warning. From December 1, 2011, three different individuals were issued a citation. One individual was issued twenty-four citations. Warning notices are given out prior to citations that explain the parking ban and the hours, and states further violations could result in being ticketed or towed.

Sergeant Jalbert said last year there was a lot of snow and seventeen individuals received one citation; four individuals received two citations; three individuals received three citations; one individual received twelve and two individuals received twenty-four citations.

Sergeant Jalbert noted last year there were two different problem areas and this year it seems there is only one problem area. Both individuals issued twenty-four citations last year and the individual issued twenty-four citations this year, reside at the same residence.

Sergeant Jalbert noted the current parking bylaw is working very well, making everyone’s job easier.

Chief Kozloski said while the current ban is working, he would not be opposed to a ban that could be turned on and off as long as the Police Department maintains some level of cooperation from the public; however due to the level of staff he has he doesn’t have the ability to deal with people during snow events who don’t abide by the parking ban.

Chief Kozloski noted a parking ban from 10 p.m. to 6 a.m. as needed would work for his department only if residents are abiding by it. If during the snowstorm there is an accident or if he has one of the two patrol cars parked at the top of Echo Hill and the second car parked at the bottom of Echo Hill it wouldn’t leave any patrol cars to assist the Highway Department with the snow removal.

Mr. Morrell noted he has gone out of his way to try to assist affected residents by finding them off street parking.

Mr. Goodrich said he wasn’t ready to make a decision on the parking ban at this meeting after hearing the number of warnings and citations Sergeant Jalbert referred to. It was agreed to place this on the agenda for the next meeting to finalize.

Burning Permit Fees – Discussion:

Mr. Goodrich said burning permits are $5 for a single day burning permit or $25 for a seasonal burning permit; all regulated by the Fire Department. During the tornado the $100 demolition permit fees were waived. This was something done by the Town to try to alleviate some of the sting.

Mr. Goodrich felt it would be appropriate to waive the burning permit fees to try to give people an opportunity to legally and properly clean up the debris on their property from the numerous weather events we’ve had throughout the year.

Mr. Goodrich noted in FY2009 the Fire Department collected $4,200 in burning permit fees. In FY 2010 the Fire Department collected $3,860 in burning permit fees, and in FY 2011 the Fire Department collected $3,295 in burning permit fees.

Mr. Goodrich suggested appropriating up to $4,000 from the Gifts to the Town Account to be used to off-set the cost of burning permits for Monson property owners, to be distributed under the following guidelines:

Guideline 1 – First come, first serve. When $4,000 in fees has been expended, it’s done.
Guideline 2 – It can be used to cover a single day $5 burning permit fee or you can apply $5 to the $25 seasonal burning permit fee, so a seasonal burning permit would cost $20.
Guideline 3 – It would be done on the honor system. If you can afford to pay the $5, pay it. If you want a free permit then take the free permit. These are funds that go to the Fire Department and stay there. They are used directly by the Fire Department for training, equipment, etc.
Guideline 4 – This will not change the control as far as the issuance of the permits, regulations, conditions of burning, etc., as all of that will still be controlled by the Fire Chief and the Fire Department.

Dr. Smith added when the demolition fees were waived, Gifts to the Town funds were not used to replace it, so this will be different in that perspective.

Mr. Maia noted the burning permits are only $5, and felt that was affordable for everyone.

Ms. Neggers said she spoke with Chief Robichaud who said the money is used to supplement the Fire Department capital expense as there isn’t any money for capital items. The Fire Department has $11,000 in their account right now, which contains a few years of receipts. Chief Robichaud also told Ms. Neggers a large number of residents, over one hundred, have already taken out burning permits.

Overall, Chief Robichaud told Ms. Neggers, residents are happy to pay the $5 fee to be able to burn the debris, as they have received quotes from landscapers to have it chipped and the residents found they are able to save hundreds of dollars by burning it instead.

Dr. Smith said his concern with using funds from the Gifts to the Town Account was spreading it out so thinly.

Ms. Neggers said at some point if the Board of Selectmen decide to develop a proposal on the Town Office Building to present to the people, the Town will need to hire a consultant on a preliminary basis to develop the plan showing what would be there and the cost as this is beyond her ability, and it’s possible the funds for this might come from the Gifts to the Town Account, the other option would be to ask the insurance company to pay for this without cutting into the number.

Mr. Goodrich made a motion to approve the request as just presented. Mr. Maia seconded. Mr. Goodrich – Yea, Mr. Maia – Nay, Dr. Smith – Nay.

Animal Control Officer Position – Appointment Request:

Police Chief Steve Kozloski approached the Board of Selectmen and explained the Town has been without an Animal Control Officer since the beginning of the year. Chief Kozloski noted due to the work hours being 24/7 and limited to a low salary they have a hard time keeping this position filled.

Chief Kozloski explained he would like to appoint Wendy LeSage as the Animal Control Officer for Monson. Ms. LeSage is currently the ACO for Palmer and Wales. Chief Kozloski has been engaged in on-going discussions with Palmer Police Chief Frydryk on a regional concept for this position. Chief Kozloski noted in the interim Ms. LeSage will be exclusive in Monson from her duties in Palmer and Wales, until a draft municipal agreement has been written to present to the Boards of Selectmen in Monson and Palmer to see if this is something to pursue. No discussion has been engaged with the Town of Wales on a regionalization for the Animal Control Officer.

Chief Kozloski said by regionalizing the Animal Control Officers position, it won’t necessarily save money, but it will help make the position friendlier to the individual or individuals who took it. Chief Kozloski said they are discussing a number of things such as sharing a vehicle between the two communities and not having to maintain two separate animal pounds; plus assistants or associates who could serve in times when the permanent Animal Control Officer is unavailable or needs time off.

Mr. Goodrich made a motion to appoint Wendy LeSage as the Animal Control Officer for the Town of Monson effective immediately through June 30, 2012. Mr. Maia seconded and it was so VOTED.

Approve Powers & Sullivan Audit Engagement Proposal:

Ms. Neggers explained Powers & Sullivan, a certified public accounting firm, have been auditing the Towns books for a number of years, as required by law.

Ms. Neggers said we are currently paying $27,500 for the final year of the three year engagement proposal, and they are proposing to level fund and freeze that rate for each of the next three fiscal years.

Mr. Goodrich made a motion to approve the proposal by Powers & Sullivan and engage their audit services for the next three fiscal years at a fixed rate of $27,500 per year. Mr. Maia seconded and it was so VOTED.

Reappoint Part-time Police Officers:

Mr. Goodrich made a motion to reappoint Douglas Beachell, Thaddius Carter, Kenneth Janeczek, Adam Szymanski, David Rondeau, Ross Kuchyt, Dustin Summers, David Burns, Brian Ellithorp, and Matthew Carroll as part-time Police Officers effective immediately through June 30, 2012. Mr. Maia seconded and it was so VOTED.

Disaster Recovery Status:

Ms. Neggers said we did receive the FEMA reimbursement on the tornado and on tonight’s warrant the Board of Selectmen will be authorizing the payment to AshBritt for the debris clean-up from the tornado. The town will be paying out a little over $4.2 million on that invoice. Ms. Neggers said this completes the payment for the tornado clean-up and now leaves the bill for the October Snowstorm clean-up.

Ms. Neggers said Finance Director Deborah Mahar attended a briefing session for applicants and will begin to work with FEMA on the reimbursement process.

Ms. Neggers said we have not received the reconciled invoice between the monitor and AshBritt. Ms. Neggers explained the town doesn’t have the agreement with AshBritt that allows us to wait until the FEMA reimbursement is received as we did with the tornado, therefore we will need to do borrowing and the town is working on that. The cost of the actual storm is $2.9 million and the town’s share is estimated to be about $750,000. There hasn’t been any discussion at the state level for any funding, either on all or part of that expense.

Ms. Neggers said she was at the State House last week. The House and the Senate are working on changing the law to extend the borrowing period for municipal emergencies from 2 years to up to 10 years. This is expected to go through this week.

Fiscal 2013 Budget Development Status:

Ms. Neggers said the budget development has begun for the next fiscal year and the Finance Committee has started their meetings. The Finance Committee has requested a meeting with the Board of Selectmen for anytime in the month of February. Ms. Neggers said as it looks right now, the Governor’s budget has level funded the State Aid. This does not include the supplemental $80,000 we received in October. Ms. Neggers added school districts will not be receiving anything less than they did last year.

Ms. Neggers said the big change for the town is the transfer to the GIC. In prior years the health insurance has consumed all of the 2½% increase in the real estate tax levy and then some, causing the town to cut services. Ms. Neggers added this year, at this point we have level funded that account and there might be potential savings. However, because the Schools are at Net School Spending, any savings will go right into the School budget, which is good too.

It is anticipated the Snow and Ice expenditures will be less than last year.

Ms. Neggers said she entered into a supply contract for electricity with significant savings of about $50,000 for next year, and about $80,000 for each of the next three fiscal years after that, compared to what we are paying right now. Ms. Neggers thanked Don Smith for his help.

Ms. Neggers said she and Finance Director Deborah Mahar were in a conference call yesterday with Moody’s, who is going over the School bond rating. Ms. Neggers said they were very concerned about the structural imbalance in our budget and about using reserves for operating expenses.

Ms. Neggers said they would like to fund the budget based on true revenues and not utilizing Free Cash as much as possible, allowing the Free Cash to be used as it accumulates for one time expenditures i.e. capital.

Ms. Neggers said right now they are within $160,000 of funding a level service budget. They don’t have a number for Pathfinder; the Schools are level funded but she noted they don’t know where the Net School Spending is going to land; and they don’t know where the Snow & Ice will end up so they’re still carrying some money in that account.

Ms. Neggers asked if the Board of Selectmen wanted her and Ms. Mahar to try to develop a budget for presentation that would include a Maintenance Department.

Mr. Goodrich said he would like to see the numbers on both of the aforementioned proposals, and added you shouldn’t be funding operating costs from one time revenues.

Mr. Maia agreed he too was not in favor of utilizing Free Cash for daily operating expenses and added we have to live within our means.

Mr. Goodrich felt as far as the Maintenance Department, this may be a new line item on the budget, but it will probably end up being more of a shifting of money and noting where the funds are going rather than burying them in places where people don’t really understand that’s what the money is actually being spent for, and felt this is appropriate.

Mr. Maia said it would be in everybody’s best interest to try to do a cost benefit analysis of implementing a Maintenance Department, as there may be a savings.

Dr. Smith said there may be some redundancy there that could be eliminated, and agreed he also would like to see the numbers on that.

Ms. Neggers stated we are in the process of refinancing the High School debt. Ms. Neggers met with the Municipal Finance Oversight Board last week in Boston with the State Auditor, who is the Chair of that group, and they approved this special program through the Mass. School Building Authority. Ms. Neggers said essentially we bonded and the State gave us 79% of those costs over the life of the bond. That was changed to the State providing a lump sum program, and they don’t pay the bond costs. After the first ten years the bonds are “callable”, and we are “calling” the bonds. The State is paying off their part, so basically the only debt we are going to have now is the local share, or our portion. Ms. Neggers said we are doing this at a much lower rate of interest than it was originally. The debt service savings to the local tax payer, local money over the next ten years, is $2,158,433 and it constitutes anywhere from $214,000 to $218,000 a year. On a $200,000 home this is about a $60 savings on their annual property tax bill.

Ms. Neggers said the Board of Selectmen would have to meet with Ms. Mahar on either February 7th, 8th, or 9th to vote on this. The Board agreed to meet on Wednesday, February 8^th at 6:15 p.m.

Ms. Neggers noted this is just for the High School. The bonds for the Middle School are not ten years old yet and cannot be “called” at this time. Ms. Neggers thanked the Finance Director and Town Treasurer Cristina Pedro for their work on this.

Appoint Tornado Anniversary Committee Members:

Mr. Maia made a motion to appoint Karen King, Reverend Bob Marrone, George Robichaud, Lori Stacy, John Morrell and Steve Kozloski to the Tornado Anniversary Committee effective immediately through June 30, 2012. Mr. Goodrich seconded and it was so VOTED.

Other Business to Come Before the Board of Selectmen:

Ms. Neggers said a reminder for people in regards to the energy program, if they have any questions at all, even if they aren’t sure if they qualify, they can call 877-524-1325 and they will individualize that service to answer the questions. This information is on the town’s website as well as the State website.
Ms. Neggers reminded everyone the Tree Visioning session is scheduled for March 1^st, with details to be announced.

Correspondence was read and completed.

At 9:15 p.m., Mr. Goodrich made a motion to adjourn from open session to go into executive session to conduct contract negotiations with non-union personnel – MGL c.30A, Sec.21 (2), not to return to open session. Mr. Maia seconded and it was so VOTED.

________________________

Edward A. Maia, Clerk